HomeMy WebLinkAboutCC ORD 1940-677 Trespassing and loitering restrictions (10.60)677
ORDINANCE NO. 677
AN ORDINANCE PROHIBITING
TRESPASS UPON, AND LOITER-
ING ABOUT, CERTAIN CLASSES
OF PROPERTY
The City Council of the City of
National City does ordain as fol-
lows:
Section 1—Declaration of Purpose.
Public safety is hereby declared to
require that the uninterrupted opera-
tion of certain industries essential to
national defense, such as the air-
craft manufacturing industry, and of
companies or agencies supplying
water, gas, electric and other essen-
tial services, be protected by prevent-
ing the intrusion upon the properties
thereof of idle, curious or malicious
persons and of persons whose pres-
ence thereon is not necessary, and by
prohibiting the loitering about such
places by persons capable of Inflict-
ing harm or of impeding the opera-
tion conducted thereon.
Section 2—Posting — Manner of,
Prescribed. Any person, firm, cor-
poration, governmental agency, de-
partment or instrumentality having
possession or control, of any of the
facilities. plants or utility properties
enumerated in section 3 hereof. may
post, at each entrance to any struc-
ture devoted to any use so enumerat-
ed, at each entrance to any fenced
or enclosed area devoted to any such
use, and at intervals of not more
than three hundred feet around any
area devoted to such use, substan-
tial signs not less than one square
foot in area, displaying prominently
in addition to such other Informa-
tion as may be deemed desirable. the
words, "TRFSPdSSING - LOTTER-
INC - FORBIDDEN BY LAW" in
legible letters not less than two
inches in height; provided, however,
that any perlic waiting room. din-
ing room, office or other portion of
any such structure or premises to
which general public access is re-
quired in the normal use and operation
thereof or where materials are de-
livered to or received by the public,
s}+'ll not be so posted.
The `posted boundary" of any area
shall be a line running from sign to
sign, and such line need not con-
form to the legal boundary or legal
description of any lot, parcel or
acreage of land.
Section 3—Posting — Where Per-
mitted. The places which may be so
posted are the following:
(a.) Every airport, and every plant.
field and structure used for the man-
ufacture, assembling or testing of
aircraft; (b) Every tank -farm, re-
finery, compressor -plant or absorp-
tion plant, marine terminal, pipe
line pumping station and reservoir,
used for the bulk treatment, bulk hand-
ling or bulk storage of petroleum or
petroleum products; (c) Every reser-
voir, dam, pumping station, aque-
duct, main canal or pipe line, of a
public water system; (d) Every reser-
voir, dam, generating plant, receiv-
ing station, distributing station and
transmission line of a company or
agency furnishing electrical energy:
(e) Every gas generating plant,
compressor plant. gas holder, gas
tank, and gas main used for the pro-
duction, storage and distribution of
gas; (f) Every plant or vital part
thereof or other principal Property
essential to rendering telephone or
telegraph service; (g) Every radio
broadcasting central plant or sta-
tion: (h) Every railroad bridge or
tunnel; (i) Every plant for the bulk
storage of dynamite, giant powder,
gun powder or other explosive.
Section 4—Trespassing—' Misde-
meanor. When any such premises Is
posted as provided in this ordinance
it shall be unlawful for any person to
go upon or to remain upon any place
within the posted boundary of any
such premises, or to enter or to re-
main In any such posted structure,
without having upon his person the
express written consent of the per-
son, firm, corporation, department or
agency lawfully in possession or con-
trol thereof.
Section fi--Loitering—a Misdemean-
or. It shall be unlawful for any per-
son to loiter in the Immediate vi-
cinity of any premises posted as pro-
vided in this ordinance while having
in his possession any explosive, tool,
or device, of whatever character cap-
able of doing harm or damage to any
structure, machinery, equipment or
other property of a similar or dis-
similar character, installed or lo-
cated upon such posted premises or
area.
Section 6—Exemptions. This ordin-
ance does not apply to any entry in
the course of duty of any peace offi-
cer nor to any person traversing an
established and existing public side-
walk, street or highway.
Section 7—Damaging Signs. Every
person who tears down, defaces or
destroys, or causes to be torn down,
defaced or destroyed, any sign placed
or posted under the provisions of
this ordinance without the consent
of the person, firm, corporation, gov-
ernmental agency, department or in-
strumentality having possession or
control of the premises on which such
sign has been erected, is guilty of a
misdemeanor.
Section 8--Penalty Clause. Every
person, as principal, agent or other-
wise, violating any of the provisions of
this ordinance shall be deemed guil-
ty of a misdemeanor and upon con-
viction thereof shall be punishable
by a fine of not to exceed Three
Hundred Dollars ($300.00) or by im-
prisonment in the city jail in the
City of National City, California, or
in the County Jail of San Diego Coun-
ty, California, for a period of not to
exceed three (3) months, or by both
such fine and imprisonment.
Section 9—If any provision of this
ordinance, of the application thereof
to any person or circumstance, is
held invalid, the remainder of the
ordinance and the application of such
provision to other persons or cir-
cumstances shall not be affected
thereby.
Section 10. This ordinance shall take
effect thirty days after the date of its
adoption and prior to the expiration
of fifteen days from the passage
hereof shall be published at least
once in The National City News, a
newspaper of general circulation,
published and circulated in the City
of National City.
PASSED AND ADOPTED by the
City Council of the City of National
City, California, this 3rd day of
September, 1940, by the following,
vote towit:
AYES: Councilmen Cordingly, Kii-
crease. garner, Bird.
NAYS; Councilmen none.
ABSENT: Thatcher.
(Seal)
David W. Bird. Mayor of the
City of National City. California.
ATTEST: Dale Smith, City Clerk.
I hereby approve the foraging Ordi-
nance this 3rd day of Sept. 1940.
David W. Bird, Mayor of the City
of National City, California.
I hereby certify that the above and
foregoing is a full and true copy of
Ordinance No. 077 of the Ordinances
of the City of National City. Califor-
nia, as adopted by the City Council
of said City, and approved by the
Mayor of said City, on the 3rd day of
September, 1940.
Dale Smith, City Clerk of the City
of National City, California.
(Seal)
By Helen J. Lamb, chief deputy.
1 Insertion-9-6-40